White v. Clarksville
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. William L. Moose, Judge. When plaintiff demanded the hog just after it had been impounded, it was the duty of the marshal to let him have it without pay. Kirby’s -Dig. § 5451. Incorporated towns have no authority to impound stock of persons living out of its limits. Kirby’s Dig. § 5450. The ordinance was not properly passed. Kirby’s Dig. § § 5471, 5473, 5481; 40 Ark. 105; 61 Ark. 402. The marshal had no authority to impound the stock.
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Appeal from Johnson Circuit Court. William L. Moose, Judge. When plaintiff demanded the hog just after it had been impounded, it was the duty of the marshal to let him have it without pay. Kirby’s -Dig. § 5451. Incorporated towns have no authority to impound stock of persons living out of its limits. Kirby’s Dig. § 5450. The ordinance was not properly passed. Kirby’s Dig. § § 5471, 5473, 5481; 40 Ark. 105; 61 Ark. 402. The marshal had no authority to impound the stock. Kirby’s Dig. § 5474; 5 Am. & Eng. Enc. Daw, 96, 108; 67 Ark. 491.
1Opinion of the Court
•Hill, C. J.
1 Proceeding under section 5451, Kirby’s Digest, and an ordinance of the incorporated town of Clarksville the town marshal, Jarnagin, impounded some hogs of the appellant which were running at large in the town. There were two impoundings of appellant’s hogs, first, of one sow and, secondly, about a'week afterwards, of three shoats. The evidence conflicted as to what passed between appellant and the marshal, the former contending that the marshal refused to let him have them without paying for them. In this he was corroborated by several witnesses. On the other hand, Jarnagin…
2Cases cited1 opinion
- Stephens v. CampbellSupreme Court of Arkansas · 1900
3Cited by7 opinions
- Gregg v. HatcherSupreme Court of Arkansas · 1910
- Holman v. City of DierksSupreme Court of Arkansas · 1950
- State ex rel. Consolidated School District No. One v. HackmannSupreme Court of Missouri · 1919
- McKenzie v. NewtonSupreme Court of Arkansas · 1909
- Scott v. RobersonSupreme Court of Arkansas · 1920
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